consent-reaffirmed-as-no-defence-in-assault-occasioning-actual-bodily-harm:-hobday-v-r.-2025-ewca-crim-46 Case Commentaries

A strict s.5(2) clock and a substantive s.49 duty: IPAT findings on risk must be expressly weighed in permission-to-remain decisions (A.B. v International Protection Appeals Tribunal & Minister [2025] IEHC 572)

Date: Oct 18, 2025

A strict s.5(2) clock and a substantive s.49 duty: IPAT findings on risk must be expressly weighed in permission-to-remain decisions Introduction In A.B. v International Protection Appeals Tribunal &...

K.W. v M.L.M.: Irish High Court confirms no merits review and narrow grounds to resist enforcement under the 2007 Hague Child Support Convention

Date: Oct 18, 2025

K.W. v M.L.M.: Irish High Court confirms no merits review and narrow grounds to resist enforcement under the 2007 Hague Child Support Convention Introduction This commentary examines the High Court...

Co-defendant Bad Character Evidence under s.101(1)(e) CJA 2003: When School CRIS Reports and Social Media Messages Supply “Substantial Probative Value” and the Required Jury Directions if Allegations Are Not Proved — R v Al‑Shumari [2025] EWCA Crim 1317

Date: Oct 17, 2025

Co-defendant Bad Character Evidence under s.101(1)(e) CJA 2003: When School CRIS Reports and Social Media Messages Supply “Substantial Probative Value” and the Required Jury Directions if Allegations...

Carson v McKee [2025] NICA 53 — Courts must grapple with operative medical evidence before refusing adjournments; failure is a material error warranting limited remittal

Date: Oct 17, 2025

Carson v McKee [2025] NICA 53 — Courts must grapple with operative medical evidence before refusing adjournments; failure is a material error warranting limited remittal Introduction In Carson v...

Undoing Unlawful Re-entry: Clarifying interim possession under section 47(2) and recall standards amid late buy‑out offers in sequestration sales

Date: Oct 17, 2025

Undoing Unlawful Re-entry: Clarifying interim possession under section 47(2) and recall standards amid late buy‑out offers in sequestration sales Introduction Decision: Opinion of Lord Richardson,...

QOCS Tender-Delay Exception Clarified: Objective Reasonableness Test and a Non-Variable 75% Cap on Pursuer’s Liability (Peter Gasper v Tain & Fearn Medical Practice and NHS Education for Scotland) [2025] CSOH 96

Date: Oct 17, 2025

QOCS Tender-Delay Exception Clarified: Objective Reasonableness Test and a Non-Variable 75% Cap on Pursuer’s Liability Commentary on Peter Gasper v The Partners of Tain & Fearn Medical Practice and...

The s.34(11)/s.37 Interface Clarified: No Automatic Stay of an Issued Planning Grant Pending An Bord Pleanála Appeal

Date: Oct 17, 2025

The s.34(11)/s.37 Interface Clarified: No Automatic Stay of an Issued Planning Grant Pending An Bord Pleanála Appeal Case: Payne v Meath County Council, Ireland and The Attorney General; Breedon...

Discovery in Modular Trials: Court Files Must Be Accessed via Practice Direction HC86, Not Inter Partes, and Blanket Bankruptcy File Requests Are Impermissible

Date: Oct 17, 2025

Discovery in Modular Trials: Court Files Must Be Accessed via Practice Direction HC86, Not Inter Partes, and Blanket Bankruptcy File Requests Are Impermissible Case: Dunne & Ors v Lehane & Ors...

Public interest costs doctrine consolidated: no-order costs and vacatur across all levels where the State succeeds on a discrete issue of systemic importance — Hegarty v Commissioner of An Garda Síochána [2025] IESC 41 (Costs)

Date: Oct 17, 2025

Public interest costs doctrine consolidated: no-order costs and vacatur across all levels where the State succeeds on a discrete issue of systemic importance — Hegarty v Commissioner of An Garda...

Open justice prevails over speculative harm in criminal appeals: Hartwell [2025] EWCA Crim 1450

Date: Oct 17, 2025

Open justice prevails over speculative harm in criminal appeals: Hartwell [2025] EWCA Crim 1450 Introduction This commentary examines the Court of Appeal (Criminal Division)’s decision in Hartwell,...

R v Mwila [2025] EWCA Crim 1425: Totality over Tallying — A Holistic Appellate Approach to Concurrent Sentences for Fatal and Serious-Injury Dangerous Driving, with No Requirement to Quantify Individual Adjustments

Date: Oct 17, 2025

R v Mwila [2025] EWCA Crim 1425: Totality over Tallying — A Holistic Appellate Approach to Concurrent Sentences for Fatal and Serious-Injury Dangerous Driving, with No Requirement to Quantify...

Sentencing for Animal Cruelty Causing Death: Uplifts Must Be Reasoned and Mitigation (Youth/Immaturity/Trauma) Must Be Properly Balanced

Date: Oct 17, 2025

Sentencing for Animal Cruelty Causing Death: Uplifts Must Be Reasoned and Mitigation (Youth/Immaturity/Trauma) Must Be Properly Balanced 1. Introduction Thornby, R. v ([2025] EWCA Crim 1432) is a...

Sladden [2025] EWCA Crim 1410: High Threshold for Unduly Lenient Sentence References and Permissibility of Suspension in Category A1 Coercive Control Cases (Including Strangulation)

Date: Oct 17, 2025

Sladden [2025] EWCA Crim 1410: High Threshold for Unduly Lenient Sentence References and Permissibility of Suspension in Category A1 Coercive Control Cases (Including Strangulation) Introduction This...

Suspending Custody for Vulnerable Female Class A Drug Offenders: No Presumption for Immediate Imprisonment and Proper Weight to Rehabilitation Evidence

Date: Oct 17, 2025

Suspending Custody for Vulnerable Female Class A Drug Offenders: No Presumption for Immediate Imprisonment and Proper Weight to Rehabilitation Evidence 1) Introduction R. v Beresford ([2025] EWCA...

The “Big Issue” Approach to Costs under the LSRA: Substantive Success Outweighs Narrow Relief — Electricity Supply Board v Good & ors [2025] IESC 40

Date: Oct 16, 2025

The “Big Issue” Approach to Costs under the LSRA: Substantive Success Outweighs Narrow Relief — Electricity Supply Board v Good & ors [2025] IESC 40 Introduction This commentary examines the Supreme...

Mackie v Mercedes-Benz: Misrepresentations as Continuing Acts for Prescription; broad s6(4) suspension; and Court of Session jurisdiction over Consumer Credit Act unfairness in group proceedings

Date: Oct 16, 2025

Misrepresentations as Continuing Acts, Broad s6(4) Suspension, and Court of Session Jurisdiction for Consumer Credit Act Unfairness in Group Proceedings Introduction In William Mackie (Representative...

Curtain Principle and Midcouple Requirement Reaffirmed: No “Solum Rights” Without a Pleaded Link in Title; Contractual Access May Be Vindicated Without Proving Ownership

Date: Oct 16, 2025

Curtain Principle and Midcouple Requirement Reaffirmed: No “Solum Rights” Without a Pleaded Link in Title; Contractual Access May Be Vindicated Without Proving Ownership Introduction This Outer House...

Continuing misrepresentation defers prescription and s140B Consumer Credit Act remedies are justiciable in Court of Session group proceedings: Commentary on Batchelor v Opel [2025] CSOH 93

Date: Oct 16, 2025

Continuing misrepresentation defers prescription and s140B Consumer Credit Act remedies are justiciable in Court of Session group proceedings: Commentary on Batchelor v Opel [2025] CSOH 93...

FOISA section 12 costs are assessed by reference to how information is actually held: no public-interest override and no duty to upgrade systems

Date: Oct 16, 2025

FOISA section 12 costs are assessed by reference to how information is actually held: no public-interest override and no duty to upgrade systems Introduction This commentary examines the decision of...

Unknown and Unaccepted Repudiation Is “Writ in Water”: Practical Utility as a Gatekeeper for Declarators in Disciplinary Context (Russo v The Council of the Law Society of Scotland [2025] CSOH 92)

Date: Oct 16, 2025

Unknown and Unaccepted Repudiation Is “Writ in Water”: Practical Utility as a Gatekeeper for Declarators in Disciplinary Context Case: Adrian Russo v The Council of the Law Society of Scotland...